The Federal government as well as the state of West Virginia have enacted laws which make it illegal to discriminate based on specified protected characteristics. Government and private employers in Westover may be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
Employment discrimination is when an employer treats you unfairly because you belong to a legally protected class. Employers are prohibited from using specific traits to evaluate you such as national origin, religion, race, age, familial status, or gender. To prove employment discrimination in Westover, West Virginia, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.
How can Employment Discrimination be Proven in West Virginia?
This may be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An attorney in Westover, West Virginia can assist you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.